C.L.T., a child, was adjudicated dependent and neglected. Thereafter, the Denver Department of Health and Human Services moved to terminate the parental rights of mother and father, alleging that they had not complied with their treatment plans and that both of them were unfit parents. The trial court found that although reasonable efforts had been made to rehabilitate mother, her treatment plan had not been successful, she was not fit to parent the child, and she was not likely to become fit within a reasonable period of time. The court made similar findings regarding father. Then it terminated the parental rights of both mother and father.

On appeal, mother contended that the trial court lacked jurisdiction to terminate her parental rights because it failed to comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). She argued that because a child welfare case remained open in Texas when the Colorado case was filed, the Colorado court could exercise only emergency jurisdiction unless and until it acquired ongoing jurisdiction under the UCCJEA. The information in the record, which was limited but contained at least some indication that the court may not have had the requisite jurisdiction, was insufficient to establish whether the trial court had jurisdiction to enter any order beyond the temporary emergency order.

The judgment was vacated, and the case was remanded for the trial court to undertake further inquiries about proceedings concerning the child in other states, confer with courts in other states as appropriate, and make express findings about its UCCJEA jurisdiction.

Search

Featured CLE Program: September 6, 2018

Featured Book: Foreclosure Law in Colorado

Foreclosure Law in Colorado, First Edition, explains the intricacies of Colorado’s foreclosure process in an easy-to-use format. In addition to explanations of the various types of foreclosures and considerations in effecting foreclosures, Foreclosure Law in Colorado contains many helpful forms, including a Notice of Intent to Cure, Notice of Intent to Redeem, Lis Pendens, Order Authorizing Sale, and more. The book is designed to assist practitioners through the foreclosure process, regardless of their experience level with foreclosures.

About CBA-CLE Legal Connection

CBA CLE Legal Connection is published by Colorado Bar Association CLE (also known as CLE in Colorado, Inc. or CBA-CLE). It is focused on delivering timely resources, updates and continuing legal … [Read More...]